According to the Immigration and Nationality Act (i.e. the immigration law), USCIS has 120 days after an applicant’s first interview and exam to make a determination on the application for naturalization. After 120 days have passed, the applicant may file his or her naturalization case in the Federal Court and ask a judge to decide whether he or she qualifies for U.S. citizenship.
There is no exception to the 120-day deadline. It doesn’t matter if USCIS has requested additional documents from you, scheduled an additional interview for you, or just stopped communicating with you. If you’ve had a first interview on your case more than 120 days ago and you still do not have a decision on your application, you can file a lawsuit.
WGV has helped many clients successfully conclude their applications for naturalization after long delays by filing cases in the federal courts. If you or someone you know needs help getting your naturalization case un-stuck at USCIS, please contact Jennifer Walker Gates or Jacqueline Watson at (512) 633-1785 or at [email protected].
In the fall of 2019, we began to see processing times for naturalization applications in San Antonio drop dramatically. Recently, those applications have been filed, processed, and approved within 6 months – and some in as few as four months! If this continues, then eligible applicants could apply in January and February of this year and have their citizenship in time to register and vote in the 2020 elections!
To be eligible for naturalization, you must: 1) Have been a Lawful Permanent Resident for five years (or three years if you’re married to a U.S. citizen); 2) Have been in the United States for at least half the time you have been a resident; 3) speak, read, and write English (unless you’re over 50 and have been a resident for at least 15 years – or qualify for another type of exception); 4) learn U.S. history, civics, and government; and 5) be a person of good moral character.
If you need an assessment of your eligibility for citizenship, please call us at (512) 633-1785 or email us at [email protected] and we’ll be happy to help you. We want all of our clients to become U.S. citizens and VOTE!